Anton A. van Niekerk

Can more business ethics teaching halt corruption in companies

Abstract This article deals with the question of whether an increased teaching of business ethics can/will have a positive effect on the fight against corruption in companies. It is written from a (South) African perspective. Statistics about the alarming state of corruption in South African businesses are provided in the beginning. A Hegelian approach to the problem, in terms of which theory can and does influence practice, is compared to a Marxist approach, in terms of which theory is only a reflection of practice. The author chooses a position that mediates between these two extremes. In the end, he develops a model that relies heavily on the idea of an ethics of responsibility that draws on Aristotle’s idea of phronesis (practical wisdom based on deliberation). The practical implications of these ideas for the utilization of business ethics teaching in companies are consequently spelt out. While more teaching of this discipline cannot guarantee better morals in a company, it can better equip all involved to deal with the ever-increasing moral problems that business people have to deal with.

Hermeneutics and historical consciousness: An appraisal of the contribution of Hans-Georg Gadamer

Abstract In this introductory article to the volume of the South African Journal of Philosophy in tribute of Hans-Georg Gadamer, the author, first, makes a few remarks about the nature of hermeneutics and Gadamer’s views on the universality of the hermeneutical experience. This universality is, in particular, explained from the perspective of the “linguistic turn” in Gadamer’s thought. Secondly, there is a brief discussion of certain particular aspects of Gadamer’s contribution. Aspects of that contribution that are emphasized are: Gadamer’s reevaluation of prejudice, authority and tradition, his idea of “Wirkungsgeschichte”, his idea of meaning as a process rather than a given entity, his analogy between game-playing and the interpretation of art, and his dialogical conception of interpretation. The author concludes by developing his own estimate of the main thrust of Gadamer’s contribution. This contribution consists of the way in which Gadamer’s thought, on the one hand, represents a demonstration and embodiment of the kind of historical consciousness so typical of our times, but, on the other hand, also accomplishes this exemplification of historical consciousness while imaginatively avoiding the kind of relativistic historicism so typical of many other manifestations of the same trend.

Ethics for Medicine and Medicine for Ethics

Abstract The article investigates the extent to which recent developments in both the medical and the philosophical world have impacted on the nature and scope of medical ethics. A central question of the article has to do with the extent to which medical ethics itself is being transformed by that which it investigates. The author comes to the conclusion that these developments precipitate an ethics of responsibility. Such an ethics has the following characteristics: 1. It is a model according to which people accept responsibility for all their actions, rather than hide behind heteronomous rules and regulations. 2. People are morally accountable in terms of the universal moral claim or appeal on us (in the Levinasian sense of the word). 3. Moral responsibility is also a responsibility toward future generations. 4. An ethics of responsibility must come to terms with the moral ambivalence of phenomena and developments. 5. It is an ethics that requires imaginative steps to empower people for the acceptance of their responsibilities, particularly in the higher education sector.

Principles of global distributive justice: moving beyond Rawls and Buchanan

Abstract The principal aim of this article is to focus on the problem of the applicability of Rawls’s ideas to the growing interest in developing what might now well be called a “global bioethics”. The specific focus is the question whether Rawls’s later work helps us to develop principles of distributive justice for such an alleged global bioethics, drawing on and critically evaluating Alan Buchanan’s critical discussion of Rawls’s The Law of Peoples. The main tenets of Rawls’s theory of justice, particularly as it concerns health care as one of our “primary needs”, are discussed, drawing on the work of Norman Daniels. Secondly, an argument for the necessity of a global approach to biomedical ethics in view of the need for a more equitable provision of health care between developed and developing worlds is developed. Thirdly, the main tenets of Rawls’s The Law of Peoples, the book in which Rawls extrapolated the implications of his theory of justice to the sphere of just international law, are discussed. Allen Buchanan’s criticisms of this Rawlsian enterprise are critically reviewed. On the basis of this discussion, two additional Principles of Global Distributive Justice (PGDJ) are formulated. The first principle is: “Justice in international relations requires that the burden of catastrophic events be distributed equitably between affected and unaffected peoples”. The implications of this principle are discussed, and complemented with an extended definition of the concept of “catastrophe”. Drawing on each component of that definition, the author then illustrates how the HIV/AIDS pandemic is the best current example of an international catastrophe, and how that calls for the implementation of the formulated principle. Then follows the formulation of the second principle for distributive justice for the law of peoples. This principle is: “Justice requires that efforts at an equitable distribution of burdens at the level of international relations be met with policies from the beneficiaries that, as far as possible, sustain the benefits attained from these efforts”. The author ends by showing how this principle is being neglected by the denialism of, for example, the South African policy-makers’ lack of a responsible response to the HIV/AIDS pandemic over the past decade, and by making suggestions how this denial and neglect might be rectified in the area of the provision of antiretroviral drugs to prevent mother-to-child transmission of HIV.

Three ethical issues in the development of public genetic health policies in Africa

It is of paramount importance that sensible and prudent public policies for the introduction and management of genetic research, technologies and therapies be adopted for countries on the African continent. The author agrees with Buchanan et al. when they claim that it is “unwise to consider the ethics of genetics only at the individual level. What matters is not merely the ethics of the individual scientist, physician or counsellor, but the broader questions of justice, of claims for freedom and for protection from harm, and our obligations towards future generations”. What is therefore important, is the development of a “public and institutional policy on genetics” (Ibid.) that is adopted for the needs of, specifically, the people of Africa. The author delineates three such issues, and indicates some moral aspects that accompany their understanding as well as the challenges that they pose. The three issues are: (i) The kinds of genetic technologies that are appropriate for African needs, (ii) The lessons about public health policy to be learned from (especially South African) policymakers’ appropriation of scientific expertise, (iii) Concerns about informed consent of patients and the competence of health care professionals in administering appropriate genetic remedies in African societies

Deliberating about race as a variable in biomedical research

Race as a variable in research ethics is investigated: to what extent is it morally appropriate to regard the race of research subjects as pivotal for research outcomes? The challenges it poses to deliberation in research ethics committees are considered, and it is concluded that race sometimes must be considered, subject to clearly stated qualifications.

Biomedical enhancement and the pursuit of mastery and perfection: a critique of the views of Michael Sandel

This article is a comprehensive critical analysis of the objections of Michael Sandel to the possibilities of human enhancement as foreseen by recent developments in new (particularly genetic) biotechnologies. It is shown that enhancement has always been a feature of human development. The nature and possibilities of these new technologies are briefly discussed, followed by an explanation of Sandel’s views. In critical response to Sandel, the author raises three arguments that are discussed in detail, followed by a conclusion that contains wrap-up arguments. The three main arguments relate, first, to Sandel’s rejection of enhancement tout court, second to the (in)consistency of his argument about the ‘gifted’ nature of reality, and third to the problems raised by his idea that the striving for mastery is the main problem with enhancement. On the basis of an extensive analysis, the author finds Sandel’s position untenable. It is shown that Sandel espouses the ‘simple conservative argument’ (Buchanan). The author concludes that science and technology are not value free, and that the critical evaluation of enhancements cannot lead to an overall judgment, but has to progress in a piecemeal manner. The author also concludes that the notion of ‘human nature’ cannot be regarded as a moral desideratum. South African Journal of Philosophy 2014, 33(2): 155–165This article is a comprehensive critical analysis of the objections of Michael Sandel to the possibilities of human enhancement as foreseen by recent developments in new (particularly genetic) biotechnologies. It is shown that enhancement has always been a feature of human development. The nature and possibilities of these new technologies are briefly discussed, followed by an explanation of Sandels views. In critical response to Sandel, the author raises three arguments that are discussed in detail, followed by a conclusion that contains wrap-up arguments. The three main arguments relate, first, to Sandels rejection of enhancement tout court, second to the (in)consistency of his argument about the ‘gifted’ nature of reality, and third to the problems raised by his idea that the striving for mastery is the main problem with enhancement. On the basis of an extensive analysis, the author finds Sandels position untenable. It is shown that Sandel espouses the ‘simple conservative argument’ (Buchanan). The author concludes that science and technology are not value free, and that the critical evaluation of enhancements cannot lead to an overall judgment, but has to progress in a piecemeal manner. The author also concludes that the notion of ‘human nature’ cannot be regarded as a moral desideratum.

Willie Jonker se teologiese etiek

The theological ethics of Willie Jonker The article deals with the South African Dutch Reformed theologian W.D. (Willie) Jonker’s (1929-2006) contribution to theological ethics. Three perspectives onhis ethics are developed, viz. foundational, methodological and substantive perspectives. The first relates to his idea that the foundation of ethics is the correlation between doctrine and life. Ethics is the outcome of the reconciliation in Christ as activated by the work of the Spirit, through which the totality of human life in the world is sanctified through the mediation of the life of the church. The second, methodological perspective deals with the relationship between ethics and hermeneutics. Here Jonker’s complex and original work on the grounding of ethical claims on Scripture is discussed, and much attention is paid to his appropriation of Calvin in this regard. The third, substantive perspective deals with an area where Jonker made a distinctly new contribution to theological ethics in Dutch Reformed orientated South Africa during apartheid, viz. the development of a social ethics. This aspect of his work was particularly inspirational for the development of a critical consciousness about apartheid in Dutch Reformed circles sionce the 1980’s. The article is concluded with a couple of critical and evaluative remarks.

Afrikanerskap: ten slotte, of opnuut? Nabetragting van André du Toit se Die sondes van die vaders

AbstractThe article is a retrospective reflection on Andre du Toits Die sondes van die vaders (1983). Du Toits book examined the competing strategies for fighting Apartheid used by Afrikaners intellectuals in the seventies and early eighties, and argued that the best strategy would be a clean break with the Afrikaner establishment. With hindsight it can be admitted that Du Toit was largely correct. Du Toit also foresaw that the baggage of Apartheid would prove a heavy burden to carry for those who argue that a continued Afrikaner identity is intellectually and morally defensible. Du Toit himself, however, speculated that Afrikaans culture and identity need not necesserily disappear. Was he correct?This article examines five possible strategies for coping with the situation that Du Toit so accurately foresaw. The first four, with which the author disagrees in view of both moral and practical considerations, are: 1. emigration, 2. the “volkstaat”-option (i.e. Afrikaners seceding in a separate state), 3. t...Nabetragting van Andre do Toit se Die sondes van die vaders Anton A. van Niekerk Dept. of Philosophy, University of Stellenbosch Private Bag X1, Matieland. 7602 E-mail: aavn@akad.sun.ac.za Tel. 021-8082055/082-411-7869 Fax: 021-8083556 The article is a retrospective reflection on Andre du Toits Die sondes van die vaders (1983). Du Toits book examined the competing strategies for fighting Apartheid used by Afrikaners intellectuals in the seventies and early eighties, and argued that the best strategy would be a clean break with the Afrikaner establishment. With hindsight it can be admitted that Du Toit was largely correct. Du Toit also foresaw that the baggage of Apartheid would prove a heavy burden to carry for those who argue that a continued Afrikaner identity is intellectually and morally defensible. Du Toit himself, however, speculated that Afrikaans culture and identity need not necesserily disappear. Was he cor-

Human life invaluableness: An emerging African bioethical principle

Some bioethical literature reveals that there is some concern by some scholars that certain elements of the current bioethical principlism show limitations when applied in the case of communities or societies whose value systems fall outside those of the Western world. Consequently, several efforts are being made by a number of scholars, both in Africa and abroad, to find what may be considered African bioethical principles. Analysing one of the African proverbial sayings, this research proposes “human life invaluableness” as one such principle that is worth considering in the general search for African bioethical principles. In essence, the principle teaches that no resource may be spared at the expense of human life because of the ontologically special place occupied by human beings in the hierarchy of beings in the world.